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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Udai Singh – Appellant
Versus
Prem Pal – Respondent
JUDGMENT :
Nidhi Gupta, J.
Plaintiff is in Second Appeal against the concurrent judgments and decrees of the learned Courts below; whereby the suit filed by the appellant for specific performance and possession of the suit property, has been dismissed by both the Courts below.
2. It is inter alia submitted by learned counsel for the appellant that the learned Courts below were in patent error in dismissing the suit of the plaintiff as they failed to appreciate that plaintiff had duly proved his readiness and willingness to execute the contract. It is submitted that this is proven from the fact that appellant had admittedly served legal notice dated 01.09.2011 Ex.PW6/C and legal notice dated 07.03.2014 Ex.PW6/A to the respondents. Yet, defendants did not come forward to execute the Sale Deed. It is only in this circumstance that the plaintiff was left with no other option to file the present Civil Suit. However, the learned Courts below have erroneously construed it to mean that plaintiff had failed to prove the readiness and willingness. It is submitted that the very fact that the appellant had served above said legal notices alongwith receipts are more than enough to prove the readin
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
The importance of establishing readiness and willingness from the inception of a contract in specific performance cases.
In a suit for specific performance, the plaintiff's readiness and willingness to perform the contract must be established, but formal notice is not a prerequisite for demonstrating such readiness.
The plaintiff's demonstration of readiness and willingness to perform the contract, as required by Section 16(c) of the Specific Relief Act, was crucial in determining the entitlement to specific per....
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